User Agreement: TeeBox Golf LLC (“TeeBox”) Owns and Operates the Mobile Application that ties to these Terms of Use. We are pleased to offer you access to the TeeBox App (the “App”) and the ability to participate in our golfer matchmaking, games/matches ("Contests"), rewards program, and other content, products, services, and promotions (collectively the "Services") that we may provide from the App, subject to these Terms of Use (the "Terms of Use", or “Terms”), our privacy policy (the "Privacy Policy"), and the Official Rules and Regulations for the applicable contests and promotions (the "Rules" or "Rules and Scoring," and together with the Terms of Use and the Privacy Policy, the "Agreements").
Agreement Term: The Agreements will commence as of the date of acceptance and remain in effect while you use the App or other Services, unless terminated earlier in accordance to the terms in the Agreements. The Authorized Account Holder (as defined below) of the App may terminate the Agreements at any time by closing their user account and notifying TeeBox of your intent to terminate the Agreements. TeeBox Golf reserves the right to terminate your authorized account or use of the application at any time, without notice or explanation and without liability or obligation to you, the user, or any third party, including the event that you, the user, have breached the Agreements defined herein, or if we are required to by applicable law.
Consideration: You agree to these Terms of Use by accessing or using the App, registering for Services offered on the App, or by accepting, uploading, submitting or downloading any information or content from or to the App. These Terms of Use constitute a legal agreement between you and TeeBox and shall apply to your use of the App and the Services even after termination. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE APP.
Personal Information/Privacy: We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the App or Services, you may be required to provide certain personal or personalized information to us (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy (
https://teeboxgolf.us/privacy-policy/). We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.
Eligibility for Use: You must be at least eighteen (18) years of age to open an account, match with other users, participate in Contests, or win reward program offerings in the App. In jurisdictions, territories, and locations where the minimum age for permissible use of the App is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Iowa or Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Arkansas, Iowa, Louisiana, Maryland, Michigan, Montana, New Hampshire, New Jersey, Ohio, South Carolina, Tennessee, Nevada, Virginia, Vermont, and Washington (the “Excluded States”) are eligible to open an account and participate in features offered by the App that do not include real money prizes. You agree to abide by all applicable laws in the jurisdiction where you are located while using the App. Legal residents of the Excluded States are eligible to open and maintain accounts on the App for use of features without involvement of in-app prizes. Additionally, by using the App or Services, you represent and warrant the following:Your use of the App or Services does not violate any applicable law, rule or regulation;You shall make timely and satisfactory payment for any Services purchased by you;You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services.;You are not required to register as a sex offender with any state, federal or local sex offender registry;You do not have more than one account on our Services; orYou have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.
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Authorized Account Holder'' is defined as the natural person 18 years of age or older who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the App. By inputting a payment method to participate in real money Contests , the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the App. If any deposit is charged back, any winnings generated from Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. TeeBox reserves the right to close your account – without notice – if your deposit is charged back.
Refund Policy: Deposits made on the TeeBox site will appear on your statement as TeeBox. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.Customers depositing funds using a credit card in some states may see charges on their credit card statement labeled “processing fee,” “international transaction fee” or a similar description. Any inquiries regarding refunds, please contact at
support@teeboxgolf.us
Contest Entry Requirements: Users will be able to visit the App and view the Contests available for entry in their local area. Each individual Contest may contain an entry fee listed in USD. When you select to participate in a Match with entry fees and complete the entry process, the listed amount of US dollars will be debited from the available funds (the “Available Balance”) section of your TeeBox account.
Conditions to Participate in Contests/User Matchmaking: By entering a Contest, entrants agree to be bound by these Rules and the decisions of TeeBox, which shall be final and binding in all respects. TeeBox, at its sole discretion, may disqualify any participant from a Contest, refuse to award reward points or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:an employee, operator or consultant to a sports governing body where such employee, operator or consultant is prohibited from participating in applicable Contests by such governing body;in breach of any rules or policies of the entrant’s employer, of any sports governing body, or any other professional body of which the entrant is a member, violating any rule or policy regarding participation in Contests or accepting prize money;any person prohibited from participating pursuant to court order; orany entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in these Terms.
In addition, conduct that would be deemed improper also includes, but is not limited to:falsifying personal information required to enter a Contest or claim a prize;engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;colluding with any other individual(s) or engaging in any type of syndicate play;violating any of the Contest rules or Terms of Use;using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;using automated means (including but not limited to scripts and third-party tools) to interact with the App in any way (this includes, but is not limited to,: creating a Contest, accepting a Contest, withdrawing from a Contest, creating an account, and upgrading/downgrading memberships);using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the App or of any User for any purpose;any type of bonus abuse, abuse of the referral program, or abuse of any other offers or promotions;tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;obtaining other entrants information and spamming other entrants; orabusing the App in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent TeeBox from pursuing criminal or civil proceedings in connection with such conduct.By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless TeeBox, its parents, subsidiaries, affiliates, representatives and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. TeeBox may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this paragraph as a condition of being awarded any prize or receiving any payout.
TeeBox is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Game), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest; inability to access the App, or any web pages that are part of or related to the App; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or App or for any other reason whatsoever; typographical, printing or other errors;, or any combination of the foregoing.
TeeBox reserves the right to rectify the result of any Contest for up to one week after the end of that Contest. Reasons for rectification include but are not limited to retroactive changes of in-game statistics by a league entity or incorrect data provided by TeeBox’s 3rd party provider. TeeBox has the right to restrict or remove any user from its platform. Reasons for restriction or removal include but are not limited to creation of manipulative Matches or other foul play.
TeeBox is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer App, or App associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Match in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole and absolute opinion discretion of TeeBox, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Match, the Company reserves the right, at its sole and absolute discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Match, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the App.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE App OR UNDERMINE THE LEGITIMATE OPERATION OF ANY Contest IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TeeBox RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
All Contest entries become the property of TeeBox and will not be acknowledged or returned.
To be eligible to enter any Contest or receive any prize, the Authorized Account Holder may be required to provide TeeBox with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, TeeBox will, in its sole and absolute discretion, utilize certain information collected by TeeBox to assist in verifying the identity and/or eligibility of such Authorized Account Holder.Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.
Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Match or the App. Winners agree that from the date of notification by TeeBox of their status as a potential winner and continuing until such time when TeeBox informs them that they no longer need to do so that they will make themselves available to TeeBox for publicity, advertising, and promotion activities. TeeBox reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by TeeBox in its sole and absolute discretion.
Games, Prizes and Promotions
TeeBox reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by TeeBox in its sole and absolute discretion.
Other Legal Restrictions Of Contests of Skill
Contests offered on the App are Matches of skill. Winners are determined by the objective criteria described in the Contest deadline, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The App and Contests may not be used for any form of illicit gambling.
Match Statistics and Live Scoring
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the App and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Matches.
Match Results
Contest results and prize calculations are based on the final statistics and scoring results at the completion of each individual game. Once Game results are reviewed and graded, prizes are awarded. The scoring results of a Contest will not be changed.TeeBox reserves the right, in its sole and absolute discretion, to deny any entrant the ability to participate in Contests for any reason whatsoever. Further, TeeBox may, in its sole and absolute discretion, invalidate any Contests result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.TeeBox employees and consultants are eligible to play Matches on the TeeBox platform. Employees and consultants have no additional information or advantage against other users. TeeBox is a peer-to-peer platform and, TeeBox is indifferent to whether their employees and consultants win or lose on the platform.
Prizes
At the conclusion of each Game, prizes will be awarded by 12:00 NOON PST on the following business day except in circumstances where technical failure, inability of the Company to verify your compliance with these Terms, or other reasons prevent such timely payout. Prizes won are added to the winning participants account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied. In the event of a team event win, prizes are divided evenly amongst the participants of that team.
Prize Payouts
Contest prize payouts will be published with the creation of each new Contest. TeeBox reserves the right, in its sole and absolute discretion, to cancel or suspend the Contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by TeeBox to its customers but will not be required.
Payment and Withdrawal of Prizes
Winners are posted on the App. Before making any payment, TeeBox may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If TeeBox requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or TeeBox otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, TeeBox reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, TeeBox may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the Rules of the Contest. Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the App. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification luding but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by TeeBox in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner. If you are an entrant residing in Missouri, you can withdraw the funds maintained in your individual account, whether such account is open or closed, within five (5) business days of the request being made, unless TeeBox believes in good faith that the you engaged in either fraudulent conduct or other conduct that would put TeeBox in violation of sections 313.900 to 313.1020, Revised Statutes of Missouri, in which case TeeBox may decline to honor the request for withdrawal for a reasonable investigatory period until its investigation is resolved if it provides notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by TeeBox but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Checks for withdrawal requests are processed within 14 business days, with the exception ofany such requests coming from persons physically located in Iowa, which will be processed within 5 business days, and are sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from a TeeBox account unless appropriate terms of the promotion are achieved first by the user. All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, TeeBox reserves the right in its sole discretion to determine whether or not to award such prizes. No substitution or transfer of prize is permitted. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose). Any withdrawal requests, after approved by TeeBox, will be credited back to the same credit card or method of payment used to deposit funds on the App. TeeBox will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s). Users may not cancel, edit, or adjust Contests when they are not in a legal state eligible on the platform. Users may not add or withdraw funds when they are not in a legal state eligible on the platform. Users will be able to see their Contests in a view-only state in all states, but the actions above will be restricted on a state-by-state business based on TeeBox’s eligible legal states. As part of our compliance policies, users may not withdraw if they have not played a Contest since depositing funds into their TeeBox Account. In addition to the requirement that users must play a Contest once funds are deposited into their Account, users are not able to withdraw funds within 72 hours of depositing funds.
Verification and Withdrawal
TeeBox will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. Users are subject to an automated Knowledge Base Authentication ("KBA") verification process provided whenever a user attempts to withdraw funds. This process asks a series of at least four multiple choice questions about the person’s life, such as known relatives, previous addresses, and to enter their last 4 digits of their Tax ID or Social Security Number. In the event of a dispute as to the identity of a customer, TeeBox can and does require its users to produce a copy of their driver’s license, credit cards, utility bills or passport for identity verification. If a customer cannot validate their identity and account, TeeBox will not release the funds from the account. Once per month, TeeBox shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account, the PayPal Account, and credits due to TeeBox from credit card processors as of the end date of the immediately preceding month. Players who believe that funds held by or their accounts with TeeBox . have been misallocated, compromised or otherwise mishandled, may register a complaint with TeeBox online by emailing support@teeboxgolf.us. TeeBox . shall use its best efforts to respond to such complaints within ten (10) business days. If TeeBox determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for TeeBox to process the complaint, the response will note the form and nature of the necessary additional information needed. A player can request to withdraw funds from their account at any time. Players must play a Contest and the deposit of funds must have occurred no less than 72 hours from the time a withdrawal is requested before the withdrawal request will be considered. Requests for withdrawal will be honored within ten (10) business days of submission of any tax reporting paperwork required by law, unless TeeBox believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put TeeBox in violation of law. A request for withdrawal will be considered honored, contingent upon the user meeting other requirements and conditions as set forth within these Terms of Service, if it is processed by TeeBox, but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through the TeeBox customer service department.
Transaction, Withdrawal, and Deposit Limits
Upon starting operations, TeeBox will establish and maintain transaction limits on its activities in order to mitigate BSA/AML/OFAC risks. The Company, in its sole discretion, may establish limits that could include each of the following types of transaction activity: per transaction, per day, per Contest, per deposit, and/or per withdrawal.
Prohibited Content
While using our App and Services, you will have access to content that you upload, such as profile photos and golfer lifestyle questions and the ability to message other users. In theis Aagreements, “content” includes, without limitation, all text, images, video, audio, or other materials on our App or Services, including information on a users’ profiles and direct messages between users. TeeBox prohibits uploading or sharing content on the TeeBox App that:could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;encourages or facilitates any illegal activity including, without limitation, terrorism, money laundering, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;is defamatory, libelous, or untrue;contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian; oris inconsistent with the intended use of the Services.The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account. We are committed to maintaining a positive and respectful TeeBox community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate user content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”.
TeeBox Content
TeeBox owns all other content on our Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights ("Content"). All rights, title, and interest in and to TeeBox’s Content remains with us at all times. By creating an account, you grant to TeeBox a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public your content, including any information you authorize us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. TeeBox’s license to your Content shall be non-exclusive, except that TeeBox’s license shall be exclusive with respect to derivative works created through use of our Services.
Termination and Effect of Termination
In addition to any other legal or equitable remedy, TeeBox may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such an event, you will immediately cease all access to and use of the TeeBox App. TeeBox may revoke any password(s) and/or account identification issued to you and deny you access to and use of the App. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APP, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE APP; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE APP; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE App; (D) THE MESSAGES AND INFORMATION SENT FROM THE APP BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE App OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APP OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE APP, ANY OF THE APPS' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE APP, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE APP INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE APP AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, REPRESENTATIVES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE APP THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APP; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE App OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE APP'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE App). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS APPpp IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE App OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE App OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU UR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY App OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY App OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE App, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Intellectual Property Rights
The content on the App, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to TeeBox, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the App is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TeeBox reserves all rights not expressly granted in and to the App and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the App or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the App or the Intellectual Property therein. Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to TeeBox, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions. In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of TeeBox, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to TeeBox, may result in account suspension or termination.We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others. You represent and warrant that you have all rights necessary to grant to TeeBox the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
Consent to Jurisdiction in Delaware, Attorney's Fees
The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the App (including all commercial transactions conducted through the App) ("Claims") shall be the courts of competent jurisdiction sitting within New Castle County, Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and TeeBox waive any and all rights to trial by jury with respect to any Claims. In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.
Taxation
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to TeeBox. These details will be used to allow TeeBox to comply with tax regulations and may be shared with appropriate tax authorities. You, not TeeBox, are responsible for filing and paying applicable state and federal taxes on any winnings. TeeBox does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
Miscellaneous
These Terms of Use shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and TeeBox that arises in whole or in part from the Terms of Use, the App or any Contest shall be decided exclusively by a court of competent jurisdiction located in New Castle County, Delaware.Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Match on the App, you agree to indemnify, protect, defend and hold harmless TeeBox, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "TeeBox Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the App, any payment methods used, any funding of your account, and/or your participation in any Match. The App may contain links to third party Apps that are not owned or controlled by TeeBox. TeeBox has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Apps. In addition, TeeBox will not and cannot censor or edit the content of any third-party site. By using the App, you expressly relieve TeeBox from any and all liability arising from your use of any third-party App. Accordingly, we encourage you to be aware when you leave the App and to read the terms and conditions and privacy policy of each other App that you visit.Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and TeeBox.No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with TeeBox or in any way affiliated or associated with the Matches.Third-party online publishers that refer users to the TeeBox App shall not be responsible or liable for the TeeBox App or any of the content, software, or functions made available on, or accessed through, or sent from, the TeeBox App.If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TeeBox' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.TeeBox reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of TeeBox to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.
TEEBOX AND OTHER TRADEMARKS CONTAINED ON THE APP ARE TRADEMARKS OR REGISTERED TRADEMARKS OF TEEBOX IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE APP.
